emendrix

Art. 17a

European Securities and Markets Authority Regulation · 32010R1095 · every event for this act · on EUR-Lex

Protection of reporting persons

1 change recorded across 1 event, newest first.

in force 2020-01-01 INSERTED+957 −0

Amended by Regulation (EU) 2019/2175 32019R2175

applies from: unknown (an inserted provision states its own application date only in prose)

Article 17a is a newly added provision setting up dedicated channels through which the Authority receives and handles reports of actual or potential breaches, abuse of law, or non-application of Union law from natural or legal persons.

It also states that persons reporting through these channels are to be protected against retaliation in line with Directive (EU) 2019/1937 where applicable, and that the Authority is to allow anonymous or confidential and safe submission of information and to give feedback to the reporting person where the information shows evidence or significant indications of a material breach.

Cited: Art. 17a, v2

text before / after

inserted text (02010R1095-20200101)

Article 17a
Protection of reporting persons
1. The Authority shall have in place dedicated reporting channels for receiving and handling information provided by a natural or legal person reporting on actual or potential breaches, abuse of law, or non-application of Union law.
2. The natural or legal persons reporting through those channels shall be protected against retaliation in accordance with Directive (EU) 2019/1937 of the European Parliament and of the CouncilDirective (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17)., where applicable.
3. The Authority shall ensure that all information may be submitted anonymously or confidentially, and safely. Where the Authority deems that the submitted information contains evidence or significant indications of a material breach, it shall provide feedback to the reporting person.